Anyone who has done something or provided materials to work on a construction site should be paid fairly. However, billing is a common problem that contractors of all types face. Sometimes there is good reason not to pay and sometimes it happens because of a disagreement or other problem. Missouri state law governed an auxiliary law (more of a legal instrument) designed to help all contractors collect their claims more easily. It is known as a contractor's or mechanic's mortgage lien and includes a large number of people who have provided a service – general contractors, subcontractors, suppliers, workers, etc.
When considering the option of filing a mechanic lien in Missouri, there are a number of things to keep in mind. Submitting this type of claim is a decision that only those with the appropriate experience should make, and you should research all of your options before making any move. This article provides tips to get you started as well as some ways to protect yourself after you submit.
Understand the process
When considering filing a claim, it is always good to be prepared. The first thing you need to do is understand the process. These claims are made by an individual, not a company. The state of Missouri does not require you to enter into a written contract to obtain the mechanic's lien. You can also submit it by verbal agreement. You need county recorders to exercise your rights. In order to complete the procedure quickly, it should be done in the county where the owner is located. Before deciding whether to file a Missouri mechanic lien, you must inform the debtor of your intent. The period for this is at least ten days before you can make a claim. You should send a letter of intent to give the debtor an opportunity to discharge their obligations before starting the lien. The lien must be sent from the county recorder within six months of the project completion. As soon as this is done, the lien must be recorded. You don't have to tell anyone about it. You then have six months to enforce the payment.
Pay attention to the selection of the recorder
The next tip to use when filing a mechanic's lien is to make sure the lien is captured in the right place. There are thousands of offices across the country, and the state of Missouri probably has hundreds of them. You can come across various procedures, requirements, fees, and anything that can be a little confusing. You need to be sure that the office you contacted has the mechanic's lien. Contacting recorders in advance can save you a lot of trouble. That way, you can avoid delays and complications from filing the lien in the wrong place. The worst that can happen is that your right may not be recognized.
Don't forget about LPD
Note that Missouri is one of the states that requires a property description when filling out a lien. This relates to filling in the required legal information about the facility or country you worked in but you haven't been paid. This link will tell you how to do it right. In the event of an error or inaccurate information, your claim may be void.
Know what to expect
The biggest mistake many people make is not knowing what to expect after filing a mechanic lien. If you are unsure of how the process works, you will likely find yourself frustrated and disappointed. The deadlines for a claim in Missouri are not long, but filing a lien can sometimes be unsuccessful. If you're lucky, you might get your money after submitting the letter of intent because your debtors don't want to risk additional costs. However, there may also be times when filing a claim will not produce any results at all. The only solution is to take debts in court. If this happens after the enforcement period has passed, it is best to consult a lawyer about what to do next.
Have a lawyer by your side
Even the most experienced contractors can go wrong trying to get their money. Filing a claim can be an added burden, but it shouldn't be taken lightly. If you have the time and energy to exercise your rights, go for it. However, if you can't do it on your own, seek legal help. It is a good idea to speak to an attorney before starting the process. You can always have someone by your side to walk you through the process and provide advice if you are unsure about anything. Check out how lawyers can help you fight your rights on the following page: https://www.hg.org/legal-articles/what-is-a-mechanic-s-lien-and-how-can- my-real -state-attorney-help-43902
This allows the whole process to go a lot smoother and faster without spending time figuring out how to fight the lien. The lawyers can give you the most accurate information and an idea of what the process might involve. If you have any doubts about asserting your rights this way, the best thing to do is to hire a lawyer to represent you on filing a lien. This saves you mistakes that can neglect your rights in order to get what you deserve with the help of this legal instrument.
